Title and purpose. This chapter shall be known as the "Freshwater Wetlands, Watercourses and Water Body Protection Law of the Town of Ossining." It is a chapter regulating the dredging, filling, deposition or removal of materials; diversion or obstruction of water flow; and placement of structures and other uses in the water bodies, watercourses, wetlands and buffers thereof, in light and recognition of the functional benefits of the preservation, protection and conservation of these water resources as enumerated in § 105-1C, in the Town of Ossining.

Enabling authority. This chapter is enacted pursuant
to the Municipal Home Rule Law and any and all applicable laws, rules
and regulations of the State of New York. Nothing contained herein
shall be deemed to conflict with any such laws, rules and regulations.

Helping to maintain biospheric stability by
supporting particular efficient photosynthesizers capable of producing
significant amounts of oxygen, and supporting bacteria which process
excess nitrates and nitrogenous pollutants and return them to the
atmosphere as inert nitrogen gas.

A significant amount of the town's wetland base has
been lost or impaired by draining, dredging, filling, excavating,
building, polluting and other acts inconsistent with the natural uses
of such areas. The remaining wetlands are potentially in jeopardy
of being lost in a similar fashion.

Legislative intent. It is the intent of the Town of
Ossining that activities in and around wetlands, watercourses and
water bodies conform with all applicable building codes and other
regulations. Such activities shall not threaten public safety or welfare
or the natural environment, or cause nuisances by factors including
but not limited to the following:

Increasing water pollution through location of domestic
waste disposal systems in wet soils; inappropriate siting of stormwater
control facilities; improper and careless application and/or disposal
of fertilizers, pesticides, herbicides and algaecides in a wetland;
disposal of solid wastes at inappropriate sites; creation of unstabilized
fills; or the destruction of wetland soils and vegetation serving
pollution and sediment control functions;

It is declared to be the intent of the town to control, protect, preserve, conserve and regulate the use of wetlands within the town to ensure that the benefits found to be provided by wetlands as set forth in § 105-1C hereof will not be lost.

These regulations are enacted with the intent of providing
a reasonable balance between the rights of the individual property
owners and the public interest in preserving the valuable functions
of wetlands.

Any individual, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, excluding
the Town of Ossining and its governmental agencies, who request the
approval authority to issue a permit or to whom a permit has been
granted under the provisions of this chapter. This chapter shall only
serve as a guide to the Town of Ossining and its governmental agencies.

The final freshwater wetlands maps for Westchester County
promulgated by the Commissioner of the New York State Department of
Environmental Conservation pursuant to § 24-0301, Subdivision
5, of the New York State Freshwater Wetlands Act, or such map as has
been amended or adjusted, and on which are indicated the approximate
locations of the actual boundaries of wetlands regulated pursuant
to Article 24 of the Environmental Conservation Law.

The portion of the year when soil temperatures at 19.7 inches
below the soil surface are higher than biologic zero (5° C.) (U.S.
Department of Agriculture, Soil Conservation Service, 1985). For ease
of determination, this period can be approximated by the number of
frost-free days (U.S. Department of the Interior, 1970).

A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part
and as further defined by the New York State Department of Environmental
Conservation wetlands delineation manual, as such document may be
amended from time to time.

Anything constructed or erected, the use of which requires
location on or in the ground or attachment to something having location
on the ground including but not limited to buildings, tennis courts,
swimming pools and decks.

Any natural or artificial pond, lake, reservoir or other
area which ordinarily or intermittently contains water and which has
a discernible shoreline, but not including a watercourse as defined
in this chapter or a man-made swimming pool not associated with a
wetland or watercourse.

A running stream of water; a natural stream fed from permanent
or natural sources, including rivers, creeks, springs, runs and rivulets;
a stream, usually flowing in a particular direction, though it need
not flow continuously (it may sometimes be dry). It usually discharges
itself into some other stream or body of water. It must be something
more than mere surface drainage over the entire face of the tract
of land, occasioned by unusual freshets or other extraordinary causes.

The most current Town of Ossining Wetlands and Drainage Map,
dated February 24, 1998, adopted by the Town Board and as from time
to time updated, which shows the approximate location of areas classified
as wetlands. This map is intended to provide general guidance in locating
and determining those areas which constitute wetlands, as defined
herein. The actual boundary of a wetland shall be determined on a
site-by-site basis and confirmed by the approval authority.

Wetlands.
The applicant shall be responsible for having the boundaries of the
wetland(s) and buffer area(s) delineated by a qualified environmental
professional by field investigation during a growing season, with
soils not snow covered or frozen, and with each turning point flagged
and identified by GPS location, and subsequently surveyed and mapped
by a licensed land surveyor. A full report regarding the delineation
with data sheets shall also be submitted by said professional. The
approval authority may also consult, at the expense of the applicant,
with biologists, hydrologists, soil scientists, ecologists/botanists
or other experts and professionals as deemed necessary by said authority
to make this delineation.

For
all water bodies and for all non-watercourse wetlands, the buffer
area shall extend 100 feet away from the edge of said water body or
wetland as measured horizontally from the boundary of said water body
or wetland.

No regulated activity shall be conducted in
a wetland, watercourse, water body or buffer area without a written
permit from the approval authority and full compliance with the terms
hereof and other applicable regulations.

Regulated acts which require a permit. It shall be
unlawful, in the absence of a written permit issued by the approval
authority, to do any of the following activities in any wetland, watercourse,
water body or buffer area:

Installation of a septic tank, the running of a sewer outfall or
the discharging of sewage treatment effluent or other liquid wastes
into or so as to drain into a wetland, watercourse, water body or
buffer area with the approval of the Westchester County Department
of Health.

Prohibited acts. It shall be unlawful to place or deposit chemical
wastes or to introduce influents of such thermal content so as to
cause deleterious ecological effect in any wetland, watercourse, water
body or buffer area. Also unlawful shall be the installation of a
septic tank, the running of a sewer outfall or the discharging of
sewage treatment effluent or other liquid wastes into or so as to
drain into a wetland, watercourse, water body or buffer area without
the approval of the Westchester County Department of Health.

Application contents. Five copies of the application
and an application review fee as determined by the Town Board shall
be submitted to the Town Building and Planning Department office.
The application shall contain the following information:

Applications affecting the water retention capacity,
water flow and other drainage characteristics of any wetland shall
include a statement of the impact of the project on upstream and downstream
areas, giving appropriate consideration to flood or drought levels
of watercourses and amounts of rainfall.

A discussion of the existing specific ecological functions of the wetland being affected, based on the functions described in § 105-1C herein, and the impacts to those functions by the proposed activity.

Referrals. The Building Inspector, upon receipt of
an application meeting the requirements of this section, shall refer
the application to the Environmental Advisory Committee for its review
and report. For permits issued by the Building Inspector, the Environmental
Advisory Committee shall render a report to the Building Inspector
within 10 days of the referral date; for permits issued by the Planning
Board, the Environmental Advisory Committee shall report to the Planning
Board within 30 days of the referral date or within such other period
as may be specified by the Planning Board. The approval authority
shall have no obligation to consider the Environmental Advisory Committee's
report, unless said report is rendered within the time frames specified
herein. In the case of a wetland, watercourse or water body crossing
a municipal line, upon receipt of the application, the Building Inspector
shall also forward a copy of the application to the Clerk of the abutting
municipality.

The Building Inspector shall review the application for the purpose of determining whether the application is eligible for processing under the provisions of Subsection D immediately below (Regulated acts permitted with permit issued by Building Inspector) and, if so, the Building Inspector shall process the application within 21 days of receipt of a complete application in accordance with the provisions of this chapter.

If the Building Inspector determines that the application is not eligible for processing under the provisions of Subsection D immediately below, he/she shall provide written notice of such decision to the applicant within 21 days of receipt of a complete application and shall refer the application to the Planning Board for processing pursuant to § 105-7.

The following regulated activities are determined by this chapter
to be limited in scope and potential impact and are the activities
within wetlands or buffer areas for which a permit issued by the Building
Inspector may be granted:

Construction of a driveway when the length of a wetland or buffer
area crossing or intrusion is less than 100 feet, excluding the construction
of driveways of any length which cause hydrological isolation of a
portion of a wetland; if a natural drainage system crossing is proposed,
where a single culvert of less than 25 feet in length and 18 inches
in diameter is required.

Decks or porches with a footprint of 200 square feet or less
located more than 50 feet from a wetland or watercourse, provided
that no grading is required for their construction other than for
posts or footings.

Movable play sets or swing sets or other small additions to
existing structures, without foundation, with a footprint of 100 square
feet or less and located more than 50 feet from a wetland or watercourse,
provided that no grading is required for installation.

Dry-laid stone walls, containing no mortar or cement, where
the wall is designed to permit the passage of small animals by permitting
openings at fifteen-foot intervals at least six inches in height above
ground level and 12 inches in length, and where the construction of
said wall will not inhibit or alter the natural drainage flow or cause
the blocking or damming of surface water.

Notwithstanding the foregoing, no regulated activity shall be permitted
with a permit issued by the Building Inspector when such activity
is proposed for an area designated as a wetland on the New York State
Freshwater Wetlands Map.

If the Building Inspector determines that the granting of a permit for one or more of the activities in Subsection D(1) immediately above would be appropriate in light of the standards set forth in § 105-8 below, the Building Inspector shall grant the permit within 21 days of receipt of a complete application. Notwithstanding the foregoing, the Building Inspector, in his/her sole discretion, may forward any application for a permit to the Planning Board for processing in accordance with the provisions of § 105-7 below.

However, in the event that the Building Inspector determines that the granting of a permit for one or more of the activities in Subsection D(1) immediately above would be inappropriate in light of the standards set forth in § 105-8 below, the Building Inspector shall neither approve nor deny the application, but rather shall notify the applicant within 21 days of receipt of a complete application and shall forward the application to the Planning Board for processing in accordance with the procedures set forth in § 105-7 below.

Ten copies of the application and an application review
fee as determined by the Town Board shall be submitted to the Town
Building and Planning Department office. The application shall contain
the following information:

A list of names of the owners of record of lands
adjacent to the wetland, watercourse, water body and/or buffer area
in which the project is to be undertaken, and the names of claimants
of water rights which relate to any land within or within 100 feet
of the edge of the buffer area in which the regulated activity is
proposed to be located.

A stormwater plan showing stormwater flow off
of the development and how it will not increase or decrease the amount
of water leaving the development, and how it will not decrease the
quality of water found before construction entering into the wetland,
watercourse and/or water body.

Complete plans and estimates for the proposed
site improvements, which shall be certified by a professional engineer,
architect, land surveyor or landscape architect licensed in the State
of New York, drawn to a scale no less detailed than one inch equals
50 feet and showing the following:

Existing and adjusted contours at two-foot intervals
in the proposed disturbed area and to a distance of 50 feet beyond;
and elevations of the. site and adjacent lands within 200 feet of
the proposed work site at contour intervals of no greater than 10
feet.

Details of any temporary or permanent drainage
system proposed both for the conduct of the work and after completion
thereof, including locations at any point discharges, artificial inlets
or other man-made conveyances which would discharge into the wetland
or wetland buffer, and measures proposed to control erosion, flooding
and water pollution both during and after the work.

Where creation of a lake or pond is proposed,
details of the construction of any dams, embankments, outlets or other
water control devices, and analysis of the wetland hydrologic system,
including seasonal water fluctuation, inflow/outflow calculations
and subsurface soil, geology and groundwater conditions.

Any additional information as needed. Such additional
information may include but is not limited to the study of flood,
erosion or other hazards at the site; the effect of any protective
measures that might be taken to reduce such hazards; and any other
information deemed necessary to evaluate the proposed use in terms
or the goals and standards hereof.

In the case of permits sought in conjunction with
subdivision approval, the Planning Board shall hold a public hearing
on the requested permit concurrently with the public hearing on preliminary
subdivision plat approval. Public notice and notice to interested
parties of the wetland permit hearing shall be provided along with
the notice required by the Town Code for the hearing on preliminary
subdivision plat approval. The Planning Board shall issue a final
written decision on the wetland permit as part of the decision on
final subdivision plat approval.

In the case of permits sought in conjunction with
site plan approval, the Planning Board shall hold a public hearing
on the requested permit concurrently with the public hearing on site
plan approval. Public notice and notice to interested parties of the
wetland permit hearing shall be provided along with the notice required
by the Town Code for the hearing on site plan approval. The Planning
Board shall issue a final written decision on the wetland permit as
part of the decision on site plan approval.

In the case of all other permits, the Planning Board shall hold a
public hearing within 30 days of its finding the application complete.
Notice of said hearing and of the substance of the application shall
be given by publication in the official newspaper of the Town at least
10 days before the date of such hearing. In addition to such published
notice, the Planning Board shall cause such notice to be mailed at
least 10 days before the hearing to all owners of property which lies
within 500 feet of any lot line of the property for which the permit
is sought and to such other persons as the Planning Board may deem
advisable. The names of said owners shall be taken as they appear
on the last completed tax roll of the Town. Provided that due notice
shall have been published as above provided and that there shall have
been substantial compliance with the remaining provisions of this
subsection, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate action taken by the Planning Board
in connection with the granting of a permit. Within 30 days of the
close of the public hearing, the Planning Board shall render a written
decision on the application.

Notice provisions. The deed, contract of sale and
final plat of any land subdivided subsequent to the enactment hereof
shall describe all wetlands, watercourses, water bodies and buffer
areas on said land which are regulated by this chapter, and shall
include a note on the deed, contract and final plat, respectively,
that any construction within these areas requires a permit.

Every applicant that submits an application for a wetlands permit
to the Planning Board must post one or more notification signs on
the property which is the subject of said application within three
days of acceptance of the application by the Planning Board and must
maintain the posted sign(s) place until the Planning Board has rendered
its final decision approving or denying said application. The sign(s)
shall be erected not more than 10 feet from each boundary of the property
that abuts a public road and must be conspicuous to the public. The
bottom edge of each sign so erected shall be positioned no less than
14 inches and no more than 36 inches above the ground. In the event
that the subject property abuts more than one road, additional signs
will be posted facing each road on which the property abuts. If the
sign's visibility is obscured by vegetation, the applicant must
cut the vegetation to a degree sufficient to maintain clear visibility
of the sign from the road. If the property does not abut a public
road, one or more signs shall be posted in Town-approved locations
that can readily be seen by the public. Any sign erected under this
provision must be removed within 10 days after the Planning Board
has rendered its final decision approving or denying said application.

In the event that an application shall be withdrawn or become inactive,
the applicant shall remove the sign(s) within five business days of
withdrawing the application or of receiving notice from the Planning
Board that the application has been designated inactive. For the purposes
of this section, any application which has not appeared on the Planning
Board's agenda for six or more months shall be designated inactive.
The Planning Board shall notify the applicant in writing that the
application has become inactive and instruct the applicant to remove
the sign(s) until such time as the application shall be reactivated.
Once the application is reactivated, the sign(s) shall be posted within
three days.

The Town of Ossining will supply the sign(s), and the initial cost
will be included in the application fee. The applicant will be responsible
for maintaining said sign(s) in good condition so as to be visible
to and readable by the public. The applicant shall be responsible
for replacing any sign(s) that is(are) damaged, destroyed, lost or
stolen during the pendency of the application. A replacement fee will
be charged for each sign that needs to be replaced. The amount of
said replacement fee shall be determined from time to time by the
Town Building Inspector.

Prior to the commencement of any public hearings or, if no public
hearings are required, prior to the rendering of any decision disposing
of any application, the applicant shall submit a sworn certification
on a form provided by the Town, together with legible photographic
evidence, to verify the placement and maintenance of the required
sign(s). If the certification is not timely submitted, any scheduled
public hearings shall be canceled, subject to rescheduling, and any
dispositive action by the Planning Board shall be deferred until timely
certification is submitted. In the event of repeated or continued
noncompliance with these sign posting and certification requirements,
the application may be dismissed at the discretion of the Planning
Board.

The proposed regulated activity is consistent with the policy hereof to preserve, protect and conserve wetland functions and the benefits they provide, as set forth in § 105-1C hereof, by preventing to the maximum extent practicable the degradation and destruction of wetlands as balanced against private property rights.

Pipes installed to convey a watercourse shown on the USGS maps or
classified by the New York State Department of Environmental Conservation
as A, B or C will require culverts designed in accordance with the
stream crossing guidelines document published by the New York State
Department of Environmental Conservation.

The approval authority may require that, prior to
commencement of work under any permit issued pursuant to this chapter,
the applicant shall post a performance guarantee in an amount and
with surety and conditions sufficient to secure compliance with the
conditions and limitations set forth in the permit. The particular
amount and the conditions of the performance guarantee shall be consistent
with the purposes of this chapter. The performance guarantee shall
remain in effect until the approval authority or its designated agent
certifies in writing that the work has been completed in compliance
with the terms of the permit and the performance guarantee is released
by the approval authority, or until a substitute performance guarantee
is provided. In the event of a breach of any condition of any permit,
the approval authority may act to obtain and make appropriate use
of the proceeds of the performance guarantee.

All permits shall expire on completion of the acts
specified therein and, unless otherwise indicated, shall be valid
for a period of one year from the date of issue. No original permit
granted pursuant to this chapter shall be valid for greater than a
period of three years from the date of issue. The approval authority
may extend the time in which the acts specified in the permit must
be completed if, in its opinion, such extension is warranted by the
particular circumstances involved. In the case of a permit where no
work on the wetland(s) has been accomplished, extensions shall not
exceed two additional periods of 90 days each. In this case, should
a permittee fail to complete the acts specified in the permit prior
to the expiration of the second ninety-day extension, at the discretion
of the approval authority the original permit may become null and
void and an application would then need to be made for a new permit.
The request for a new permit shall follow the same form and procedure
as the original application, except that the approval authority shall
have the option of not holding a public hearing if the original intent
of the permit is not altered or extended in any significant way.

Mitigation policy. Mitigation shall be permitted as
compensation only for unavoidable wetland, watercourse, water body
and buffer area losses. For the purpose hereof, said losses are necessary
and unavoidable only if there is no reasonable on-site alternative
to the proposed activity, including a reasonable reduction in density
or a revision of road, building, utilities and/or lot layout.

Upon a determination pursuant to Subsection A immediately above that a loss of wetland, watercourse, water body or buffer area is necessary and unavoidable, the Planning Board shall, and the Building Inspector may, as approval authority, require the preparation of a mitigation plan which shall specify mitigation measures that replace and/or restore, to the greatest extent reasonably practical, the functions of the original wetland and/or buffer area in terms of type, ecological benefits, geographic location and setting, and size.

Mitigation for intrusion into wetlands shall be such
as to provide no overall net loss of wetlands in terms of ecological
characteristics and function, similar geographic location and setting,
and size. A greater than 1:1 replacement may be necessary in areas
where there is a strong possibility of the failure of the viability
of the replacement/restored wetlands. Mitigation for intrusion into
buffer areas shall be such as to preserve the ecological characteristics
and functions of the associated wetland.

Where off-site mitigation is proposed, it shall be
within the same drainage basin affected by the development. In this
regard, contribution to a Town-Board-adopted drainage basin and/or
wetland improvement plan may be considered by the approval authority.

Mitigation plan requirements. Mitigation plans shall
be designed to minimize impacts to wetlands, watercourses, water bodies
and buffer areas. Said plans shall also provide for the preservation
of remaining wetlands via the establishment of restrictive covenants
or conservation easements.

The applicant shall monitor or shall cause to be monitored
acts specified by the permit in order to determine whether the elements
of the mitigation plan and permit conditions have been met and whether
the wetland acreage created replaces the wetland acreage lost. The
applicant shall submit written reports to the approval authority at
a frequency to be determined by the approval authority addressing
the progress of the work under the permit and the mitigation plan.
The approval authority may contract with an expert in the area of
wetlands, at the expense of the applicant, to assess the applicant's
work and monitoring reports conducted under the permit and mitigation
plan.

All wetland replacement shall be implemented and approved
by the approval authority or its designated representative before
the proposed wetland intrusion unless an alternate construction sequence
is accepted by the approval authority.

Damages. Any person who undertakes any activity regulated
by this chapter without a permit issued hereunder, or who violates,
disobeys or disregards any provision of this chapter, shall be liable
to the town for civil damages caused by such violation for every such
violation. Each consecutive day of the violation will be considered
a separate offense. Such civil damages may be recovered in an action
brought by the municipality at the request and in the name of the
approval authority in any court of competent jurisdiction.

Restitution. The Planning Board shall have the authority
to direct the violator to restore the affected wetland, watercourse,
water body or buffer area to its condition prior to violation, insofar
as that is possible, within a reasonable time and under the supervision
of the Planning Board or its designee. Further, the Planning Board
shall have the authority to require an adequate performance guarantee
in a form and amount deemed necessary by the Planning Board to ensure
the restitution of the affected wetland, watercourse, water body or
buffer area.

Stop-work order; revocation of permit. In the event
that any person holding a permit issued pursuant to this chapter violates
the terms of the permit, fails to comply with any of the conditions
or limitations set forth in the permit, exceeds the scope of the activity
as set forth in the application or operates so as to be materially
detrimental to the public welfare or injurious to a wetland, watercourse,
water body or buffer area, the approval authority may suspend or revoke
the permit as follows:

Suspension of a permit shall be by a written stop-work order issued by the Building Inspector and delivered to the permittee or his agent or the person performing the work. The stop-work order shall be effective immediately, shall state the specific violations cited and shall state the conditions under which work may be resumed. A stop-work order shall have the effect of suspending all authorizations and permits granted by the town or any agency thereof. The stop-work order shall remain in effect until the approval authority is satisfied that the permittee has complied with all terms of the subject permit or until a final determination is made by the Planning Board as provided in Subsection A(3)(b) immediately below.

No site development permit shall be permanently
suspended or revoked until a public hearing is held by the Planning
Board. Written notice of such hearing shall be served on the permittee,
either personally or by registered mail, and shall state:

Such notice shall be served on the permittee
at least one week prior to the date set for the public hearing unless
the stop-work order is issued for a violation occurring less than
one week before the next regularly scheduled public meetincg of the
Planning Board. At such hearing, the permittee shall be given an opportunity
to be heard and may call witnesses and present evidence on his behalf.
At the conclusion of the hearing, the Planning Board shall determine
whether the permit shall be reinstated, suspended or revoked.

Other sanctions. Any person convicted of having violated
or disobeyed any provision hereof, any order of the approval authority
or any condition duly imposed by the approval authorty in a permit
granted pursuant to this chapter, for the first offense shall be punishable
by a fine of not less than $1,000 per day of offense. Each subsequent
offense shall be punishable by a fine of not less than $2,000 per
day. Each consecutive day of the violation shall be considered a separate
offense. The term "person," as used herein, shall mean a natural person
or a corporation.

The town is specifically empowered to seek injunctive
relief restraining any violation or threatened violation of any provisions
hereof and/or to compel the restoration of the affected wetland, watercourse,
water body or buffer area to its condition prior to the violation
of the provisions of this chapter.

Duly filed notice in writing that the state
or any agency or political subdivision of the state is in the process
of acquiring any wetland by negotiation or condemnation authorizes
but does not require denial of any permit, but only if both the affected
landowner and the local government have been so notified.

If the landowner receives no offer for the property
within one year of the permit denial, this bar to the permit lapses.
If its negotiations with the applicant are broken off, the state or
any agency or political subdivision must, within six months of the
end of negotiation, either issue its findings and determination to
acquire the property pursuant to § 204 of the Eminent Domain
Procedure Law, or issue a determination to acquire the property without
public hearing pursuant to § 206 of the Eminent Domain Procedure
Law, or this ban to the permit lapses.

The provisions of this chapter shall not apply
to any land use, improvement or development for which a valid, existing
final approval shall have been obtained prior to the effective date
of this chapter from the authority or authorities of the Town of Ossining
having jurisdiction over such land use. As used in this section, the
term "final approval" shall mean:

In those cases not covered by Subsection A or B immediately above, the issuance of a building permit for the commencement of the use, improvement or development for which such permit was issued or, for those uses, improvements and developments for which the Town of Ossining does not require such permits, the actual commencement of the use, improvement or development of the land.

Inspection and indemnification. Any site for which
an application has been submitted shall be subject to inspection upon
notice to the property owner and applicant at any reasonable time,
including weekends and holidays, by the approval authority or its
designated representatives. The property owner and applicant, by making
application for a permit, shall be deemed to have given consent to
such inspection. The property owner and applicant shall indemnify
and hold the Town of Ossining harmless against any damage or injury
that may be caused by or arise out of any entry onto the subject property
in connection with the processing of the application, during proposed
work, or within one year after the completion of the work.

Severability. The provisions and sections of this
chapter shall be deemed to be severable, and the invalidity of any
portion of this chapter by a court of competent jurisdiction shall
not affect the validity of the remainder of this chapter.